Contents :
Article 1 – Definitions
Article 2 – Identity of the trader
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of right of withdrawal
Article 9 – The price
Article 10 – Compliance and Warranty
Article 11 – Delivery and execution
Article 12 – Duration Trades : duration , termination and renewal
Article 13 – Payment
Article 14 – Complaints
Article 15 – Disputes
Article 16 – Additional or different terms
Article 1 – Definitions
These conditions shall apply :
1. Grace period: The period during which the consumer can exercise his right of withdrawal ;
2. Consumer: the natural person not acting in the exercise of professional or business and a distance contract with the Company;
3. Day : calendar ;
4. Duration transaction : a distance contract concerning a range of products and / or services , the supply and / or purchase is spread over time ;
5 . Durable medium : any means that the consumer or business that enables to store in a way that future consultation and unaltered reproduction of the stored information information that is personally addressed to him .
6. Right of withdrawal : the ability for the consumer to waive the distance contract within the cooling-off period ;
7. The Company: the natural or legal person who offers products and / or services to consumers ;
8. Distance contract : an agreement in the framework of a system organized by the Company for distance sale of products and / or services , to conclude the agreement exclusive use of one or more means of distance communication ;
9. Technology for distance communication : means that can be used to conclude a contract , without the consumer and trader being in the same area have come together .
Article 2 – Identity of the trader
0101 Music
Parklaan 45
2011 KR, Haarlem
The Netherlands
0101 Music is run and owned by:
Maztek
Parklaan 45
2011 KR, Haarlem
The Netherlands
Chamber of Commerce Registration Amsterdam No: 64317706
VAT Registration No: NL302477184B01
Article 3 – Applicability
1. These general conditions apply to every offer of the Company and any agreement concluded at a distance between businesses and consumers .
2. Before the distance contract is concluded, the text of these general conditions made available to the consumer . If this is not reasonably possible, before the distance contract is closed, indicating that the general conditions for the Company to see and they will be sent . As soon as possible free of charge on request of the consumer
3. If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions are set in such a way that the consumer made available electronically to the consumer a simple way can be stored on a durable medium . If this is not reasonably possible, before the distance contract is concluded , indicated where the general conditions electronically can be taken and that they electronically or otherwise will be sent free of charge. Requested by the consumer
4. In the event that in addition to these terms and conditions specific product or service conditions apply, the second and third paragraphs shall apply and the consumer in case of conflicting terms always rely on the most favorable applicable provision for him.
Article 4 – The offer
1. If an offer is of limited duration or subject to conditions , this will be explicitly stated in the offer .
2. The offer includes a complete and accurate description of the products and / or services . The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. Obvious mistakes or obvious errors in the offer does not bind the Company.
3. Each offer contains such information that is clear to the consumer what rights and obligations are attached . To the acceptance of the offer This concerns in particular :
o the price including taxes ;
o any costs of delivery;
o how the agreement will be achieved and what actions are required;
o whether or not to apply the right of withdrawal ;
o the method of payment , delivery or performance of the contract;
o The deadline for accepting the offer , or the period for adhering to the price ;
Article 5 – The contract
1. The agreement is subject to the provisions of paragraph 4, concluded at the time of the consumer accepts the offer and meet the corresponding conditions.
2. If the consumer electronically has accepted the offer, the trader will immediately confirm receipt of electronic acceptance of the offer . Until receipt of this acceptance has not been confirmed by the Company, the consumer may terminate the contract .
3. If the agreement is created electronically , the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment . If the consumer can pay electronically , the trader will appropriate safety precautions.
4. The Company can – within the law – inform whether the consumer can meet its payment obligations as well as all facts and factors that are important to a sound conclusion of the distance contract . If the operator under this investigation was justified in the agreement not to go, he is entitled to refuse or to attach specific conditions to implement an order or request
5 . The Company will provide the consumer the following infomation, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium , send:
a. the address of the establishment of the business where the consumer can lodge complaints ;
b .the conditions and how the consumers of the withdrawal right can be exercised, or a clear statement regarding the exclusion of the right of withdrawal ;
c . information on guarantees and after sales service;
d. the data contained in Article 4 paragraph 3 of these conditions , unless the trader has already provided before the execution of the agreement that information to the consumer ;
e . the requirements for termination of the contract if the contract is for more than one year or for an indefinite duration .
6. In the event of an extended transaction is the provision in the preceding paragraph shall apply only to the first delivery .
Article 6 – Right of withdrawal
1. When purchasing products , the consumer has the option to cancel Agreement without giving any reason within 7 working days. This period starts on the day following receipt of the product by the consumer or a previously designated by the consumer and the Company announced representative .
2. During this period the consumer will treat the product and packaging . He will be the product only unpack or use as necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal , will return the product with all accessories and – if reasonably possible – in the original condition and packaging to the Company in accordance with the reasonable provided by the reasonable and clear instructions .
Article 7 – Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal , will not exceed the cost of return shipping cost .
2. If the consumer has paid an amount , the Company this amount as soon as possible but no later than 30 days after the return or cancellation, refund .
Article 8 – Exclusion of right of withdrawal
1. The operator may exclude the right of withdrawal from the consumer to the extent provided in paragraph 2 . The exclusion of the right of withdrawal applies only if the trader for the conclusion of the contract refers . Clearly in the offer , at least in time
2. Exclusion of the right of withdrawal is only possible for products :
a. which have been made to the consumer’s specifications by the Company ;
b . that are clearly personal in nature;
c . that can not be returned due to their nature ;
d . for audio and video recordings and computer software that the consumer has broken the seal .
e. for digital downloadable products.
Article 9 – The price
1. During the period mentioned in the offer, the prices of the products and / or services have not increased , except for price changes due to changes in VAT rates .
2. Notwithstanding the preceding paragraph can offer the business products or services whose prices are subject to fluctuations in the financial market over which the trader has no influence , at variable prices . These fluctuations and the fact that any price targets, are stated in the offer .
3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or stipulations .
4. Price increases from 3 months after the conclusion of the contract are only permitted if the trader stipulated as much and :
these are a result of legislation or regulations , or
b . the consumer has the power to terminate as of the date the increase takes effect.
5 . The prices indicated in the provision of products or services include VAT.
Article 10 – Compliance and Warranty
1. The trader guarantees that the products and / or services meet the contract specifications stated in the offer , the reasonable requirements of reliability and / or usability and existing on the date of the conclusion of the agreement existing legal provisions and / or government regulations . If agreed, the Company also ensure that the product is suitable for other than normal use .
2. A guarantee provided by the trader , manufacturer or importer does not affect the legal rights and claims that the consumer under the contract against the employer to claim .
Article 11 – Delivery and execution
1. The company will take the greatest possible care when receiving and implementing orders for products..
2. The place of delivery is the address that the consumer has provided to the company.
3. Subject to what is stated in Article 4 of these terms and conditions the company accepted orders expeditiously but within 30 days unless a longer delivery period was agreed . If delivery is delayed, or if an order is not or only partially implemented, the consumer receives them no later than 30 days after placing the order message. The consumer in this case the right to terminate the contract without penalty and be entitled to any compensation.
4. In case of dissolution in accordance with the preceding paragraph, the operator the amount that consumers paid as soon as possible , but within 30 days after repudiation appearance.
5 . If delivery of an ordered product proves impossible , the trader will endeavor to make available. A replacement item Later than the delivery will be that a replacement item is delivered. Clear and comprehensible manner For replacement items right of withdrawal can not be excluded. The cost of return shipment shall be borne by the Company.
6. The risk of damage and / or loss of products rests upon the trader up to the moment of delivery to the consumer or a designated and the Company announced representative , unless otherwise expressly agreed .
Article 12 – Payment
1. Unless otherwise agreed , the amounts owed by the consumer to be paid within 7 days after the start of the withdrawal period referred to in Article 6 paragraph 1. In case of a contract to provide a service, time begins to run after the consumer has received . Confirmation of the agreement
2. When selling products to consumers never a prepayment of more than 50 % are stipulated . General conditions If payment is agreed , the consumer may apply regarding the execution of the order or service (s ) before the advance payment has been made . No right
3. The consumer has the duty to inaccuracies in data supplied or specified payment details . Immediately to the operator
4. In case of default by the consumer, the operator subject to legal restrictions , the right to charge . Advance to the consumer reasonable costs
Article 13 – Complaints
1. The Company has a well-publicized complaints procedure and deals with complaints under this procedure .
2. Complaints about the implementation of the agreement should be submitted to the Company , after the consumer has discovered the defects . Promptly, fully and clearly described
3. Complaints submitted to the trader will be processed within 14 days (counted from the date of receipt) . If a complaint is a foreseeable longer processing time , is answered by the operator within the period of 14 days , confirming receipt and indicating when the consumer can expect . A more detailed answer
2. If the complaint can not be resolved by mutual agreement, a dispute that is subject to the dispute.
Article 14 – Disputes
1. Contracts between the company and the consumer of these general terms and conditions , only Dutch law.
2. In case of disputes , consumers can approach Stichting Webwinkelkeur , this will free mediate . If there are still not come to a solution, the consumer has the option to Stichting OnlineGeschil to treat his complaint, the statement of this is binding and both business and consumers welcome this binding decision .
Article 15 – Additional or different terms
Additional or different from these terms should not be to the detriment of the consumer and should be recorded in writing in such a way that they can be stored on a durable medium. Consumer in an accessible manner.
